RAM DASS Vs. DALIP SINGH AND OTHERS

JUDGEMENT

(1.) Receipt dated 12.5.1987 was placed on record and finds duly entered in list of documents (Annexure P-1) appended with the plaint under Order VII Rule 14 CPC. Hoshiar Singh (PW2) examined on 29.9.2010 is the attesting witness of the said receipt (Ex.P4) wherein he had proved the said receipt. When on 26.10.2010, the said attesting witness Hoshiar Singh was recalled for cross-examination, it appeared in his testimony that original receipt was not there and only a photocopy was found on record. Examination-in-chief (Annexure P-2) and cross-examination (Annexure P-3) of Hoshiar Singh (PW2) are appended as below: Examination-in-chief

(2.) It is un-understandable as to how the original receipt which was testified to be so on 29.9.2010 by attesting witness Hoshiar Singh turned into a photocopy on the next date when his cross-examination was effected on 26.10.2010.

(3.) It remains a fact that existence of this document is not disputed. Even during the course of arguments on a matter of application under Order XXXIX Rules 1 and 2 read with Section 151 CPC before the lower court, counsel for the respondents-defendants had made reference to this receipt. The lower court vide order dated 15.6.2010 (Annexure P-6) noticed the contention of respondents-defendants qua this receipt, to the following effect: